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Funder’s commission holding up Opal Tower class action settlement
Alexander Barnett 2022-10-11 9:56 pm By Sam Matthews

A $13 million commission sought by the funder that bankrolled the Opal Tower class action is stalling settlement approval, as debate continues over whether the funder can recoup the costs of after-the-event insurance from group members.

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Employsure suffers partial loss in appeal by defecting employees
Employment 2022-10-11 5:20 pm By Cindy Cameronne

Workplace relations heavyweight Employsure has suffered a partial defeat in appeals brought by rival ELMO Software and two former employees seeking to jump ship to a competitor.

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Kraft prevails in fight with Italian cheese makers over ‘parmesan’ trade mark
Corrs Chambers Westgarth 2022-10-11 3:55 pm By Cindy Cameronne

A consortium of parmigiano reggiano producers has lost its challenge to Kraft Foods’ ‘Kraft parmesan cheese’ trade mark after an IP Australia delegate found that customers would be “sceptical” that the product was Italian.

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Howden can’t use expert report in ‘wasteful’ patent application against Minetek
Bird & Bird 2022-10-11 12:20 pm By Cindy Cameronne

A judge has refused a bid by manufacturer Howden to use an expert report before IP Australia in a dispute accusing rival Minetek of misappropriating confidential information for an industrial fan patent, saying it was “wasteful” when a similar dispute was already before the court.

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Court finds Globaltech, Boart Longyear infringed mining patent
Adrian Ryan 2022-10-10 11:50 pm By Cindy Cameronne

A judge has found mining tool company Globaltech and mineral exploration company Boart Longyear infringed a patent for a mining tool owned by Australian Mud Company.

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Teleco contractor BSA can’t get costs for winning class action side spat
Article 2022-10-10 11:33 pm By Christine Caulfield

Teleco contractor BSA, which resolved a class action by its workforce for $20 million, won’t be recouping the costs of legal action to exclude a $13 million capital raising from the settlement.

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HWL Ebsworth defeats ex-client’s appeal over property sale
Bruce Wacker 2022-10-10 11:26 pm By Cat Fredenburgh

Law firm HWL Ebsworth has defeated a Brisbane property developer’s appeal of a ruling that found the firm did not owe the former client damages for its negligence in failing to properly follow instructions on a contract of sale for large block of units.

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Murdoch argues public interest defence no ‘new dawn’ for media outlets
Clarissa Amato 2022-10-10 3:06 am By Sam Matthews

Fox News CEO Lachlan Murdoch has told a court that Crikey publisher Private Media will be hard-pressed to use a new public interest defence as a shield against his defamation suit over an article allegedly linking the media mogul to the January 6 attack on the US Capital.

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Boston Scientific drops gag clause from $105M settlement after judge airs concerns
Class Actions 2022-10-10 2:40 am By Cindy Cameronne

US medical device manufacturer Boston Scientific has withdrawn a controversial gag clause from of its $105 million deal to settle a class action by women allegedly injured by pelvic mesh devices after a judge raised concerns about its legality.

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Judge holidaying with Maddocks CEO won’t recuse himself from law firm client’s case
Brian Mason 2022-10-07 11:41 pm By Cindy Cameronne

A judge has rejected a bid for his recusal from a contractual dispute in which Maddocks is acting, despite his personal friendship and holiday plans with the law firm’s CEO. 

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